Where it is necessary, under the terms of a trust to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an affidavit that the release of information is necessary to determine the mental or physical incapacity of the patient, or of the settlor, or of the donor, or of the trustee, or of the agent or other fiduciary under a trust that was signed by the patient where incapacity causes the document to come into effect, discontinues its effect or calls for a change in a fiduciary acting under the document.
Structure 2021 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 50 - Miscellaneous Provisions
§ 35-50-101. Joint Control of Deposits by Principal and Surety Is Lawful
§ 35-50-102. Insurance Trusts — Creation — Validity
§ 35-50-106. Trusts for Employees' Benefit — Rule Against Perpetuities
§ 35-50-110. Specifically Enumerated Fiduciary Powers That May Be Incorporated by Reference
§ 35-50-111. Fiduciary Bond on Interest
§ 35-50-112. Impairment of Marital Deduction Prohibited
§ 35-50-121. Delayed Receipt of Trust Corpus
§ 35-50-123. Powers of Fiduciaries
§ 35-50-124. Limited Power of Trustee — Beneficiary — Application
§ 35-50-127. Release of Personal Health Information to Determine Capacity